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The Range
Law & Order
Keep an eye on whats going on in Virginia.
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<blockquote data-quote="ConstitutionCowboy" data-source="post: 3312385" data-attributes="member: 745"><p>I like that you brought this up, but I'm only half way with you on whether or not these things might not be a bad thing to get passed if they might get brought up to the Supreme Court. There is always the risk that the Supreme Court refuses to take on such a case, and the risk that the Supreme Court ignores the Constitution and/or relies on some sort of bad precedent from way back when. I see many "ifs", "ands" and "buts", but not so many that I would not support having any of these laws brought up to the Supreme Court. Just be aware that it could go the wrong way. Stay armed and prepared just in case.</p><p></p><p>Some will say that the Eleventh Amendment will prohibit any citizen of Virginia to bring up a case against Virginia to challenge any of these unconstitutional laws, but a careful reading of the Eleventh Amendment shows that only the citizens of other states or foreign entities are prohibited. I might not be correct on this because I can't recall the specific case, but some will also say that precedent shows that a citizen of a state cannot sue his or her state. If I am correct, that too is bad precedent.</p><p></p><p>Also note that any challenge of any of these unconstitutional laws will (or should) go directly to the Supreme Court per Article III Section 2, Clause 2, wherein the Supreme Court shall have original jurisdiction wherein a state is a party.</p><p></p><p>Woody</p></blockquote><p></p>
[QUOTE="ConstitutionCowboy, post: 3312385, member: 745"] I like that you brought this up, but I'm only half way with you on whether or not these things might not be a bad thing to get passed if they might get brought up to the Supreme Court. There is always the risk that the Supreme Court refuses to take on such a case, and the risk that the Supreme Court ignores the Constitution and/or relies on some sort of bad precedent from way back when. I see many "ifs", "ands" and "buts", but not so many that I would not support having any of these laws brought up to the Supreme Court. Just be aware that it could go the wrong way. Stay armed and prepared just in case. Some will say that the Eleventh Amendment will prohibit any citizen of Virginia to bring up a case against Virginia to challenge any of these unconstitutional laws, but a careful reading of the Eleventh Amendment shows that only the citizens of other states or foreign entities are prohibited. I might not be correct on this because I can't recall the specific case, but some will also say that precedent shows that a citizen of a state cannot sue his or her state. If I am correct, that too is bad precedent. Also note that any challenge of any of these unconstitutional laws will (or should) go directly to the Supreme Court per Article III Section 2, Clause 2, wherein the Supreme Court shall have original jurisdiction wherein a state is a party. Woody [/QUOTE]
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